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92
FEDERAL BUREAU OF INVESTIGATION
CLARENCE SEWARD DARROW
FILE NUMBER: 62-45014
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June 21., 1936. ' Lla,
1 entitled Att by are arrow. This -' article appears to be rather frank discuss on e inter-mi-' ' i H
_. ings of the minds iminal lsiyers as ezempl ied by Olsren -- - - A i.L. Darrow. It is sought that possibly portions of this article
might be helpful to the Director in making future addresses, at
which time he might desire to point out how unscrupulous criminal
lawyers stimulate disrespect for law and inuence crime conditions.
:1 In the course of this article, Ir. Darrow attempts to
¢. discuss Justice and the Jury and goes into rather minute detail as to
what facts to consider in selecting s. jury. Pertinent portions of
the article are set out below:
The stage, the arena, the court, are alike in that each
has its audience thirsting to drink deeply of the passing show."
I The author then goes on to state that youth frequently chooses law
" es e profession heause it brings h.LI.1 before he public eye. In
commenting on courts he states, Chancery cases are not especially
- interesting nor exciting, however. These are supposed to be heard
._ by a Judge. He listens long enough to feel satisfied that the case
L promises to consume considerable time and work and interfere with
many hours of leisure, so he refers it to a iaster in hancery
a 1aIyerfriend of his own appointment, who is paid by fees that
T, come directly from the litigants; the Iaster in Chancery employs a
-' court reporter who takes the evidence in shorthand while the ilaster
/7 may take a nap" and later the documents are locked up in a safe___J
do to await the blowing of Gabriel's horn.
Always the element of luck and chance looms large." If
it is a criminal case, it is not the facts mems
alone that determin e the reiilts. ~ ' ' ' lo - D "-amooannnamnmxsn H 7 0/ ts /Selecting a jury is of the utmost in t ""'- FA laiI'yer' ~-~r~92¥_
in selecting the jury should know both sides of eguard his client's interest, he must know the liktts P- M-
the opinions and fads oi Judges and Jurors. Propertnrights are ' ':_safer in the hands of courts than jurors. The m¥e_a_laIyer knons - _...__-
'5 32-oi life, human nature, psychology, and the react ns of the human F Iemotions, the better he is equipped to select th t elve men, good £ !92_'and true. ,- $1 é " i i "§* "11" "'. __ 92-,92= 9° P:-65 o v r-'°111=-o nEsTRQsn ' _ - _ ---=' $ ~$°'.,§5" 5' *
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Iemorandu for Ir. Tolson -2- June 24, 1936.
"In this undertaking, everything pertaining to the pros-
pective juror needs be questioned and weighed; his nationality,
his business, religion, politics, social standing, family ties,
friends, habits of life and thought; the books and newspapers he
likes and reads, and many more_matters that combine to make a man;
all of these qualities and speriences have left their effect on
in it all is the Juror's method of speech, the kind of clothes heideas, beliefs and fancies that inhabit his mind . . . Involved
a wears, the style of haircut, and, hove all, his business asso-
ciates, residence and origin.
I'l"l-us 11+] can-hm and the-Iv larva-rn 1:1-n munnnmn +.n Inni:_-Hg -11.115-'"--v"_,;"" re"-t**,,,q:','i"'*'*' '--1,,!'-;;*"';'- '"' "'-.'
15-sticc. buts innalsttn there is no;n %~=iw@r
ord can not be defined In fact, the w in or out of court. . . .
In the last analysis, most jury trials are contests between the rich
and poor." Criminal cases, however, practically always have the
poor on trial.
The most important point to learn is whether the
prospective juror is humane. This must be discovered in more or
less devious ways. is soon as the court sees what you want, he
almost always blocks the gene. Next to this, in having more or
less bearing on the question, is the nationality, politics, and
religion, of the person examined for the jury. If you do not dis-
C0781 this, all your plans may go awry."
Assuming that underdogs are being represented because
of injuries received or because of an indictment brought by what the
prosecutors name themselves "the state" "then what sort of men will
we seek? in Irishman is called into the box for examination. There
is no reason for asking about his religion; he is Irish; that is
enough. we may not agree with his religion, but it matters not;
hie feelings go deeper than any religion. Iou should be aware that
he is emotional, kindly and sympathetic. If he is chosen as a juror,
his imagination will place him in the dock; really, he is trying
himself. You would be guilty of malpractice if you got rid of him,
except for the strongest reasons."
An Englishman is not so good as an Irishman, but still,
he has come through a long tradition of individual rights, and is
not afraid to stand alone; in fact, he is never sure that he is
right
where
It isunless the great majority is against him.
The German is not so keen about individual rights except
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1:-~ lIemorandum for Ir. Tolson -3- -June 24, 1936.
he must be emotional, and will want to help you; give him a chance.
If a Presbyterian enters the Jury box and carefully rolls
up his ubrella, and calmly and critically sits down, let him go.
He believes in John Calvin and eternal puishment. Get rid of him
with the fewest possible words before he contaminates the others.
Unless you and your clients are Presbyterians you probably are a bad
lot, and even though you may be a Presbyterian, your client most.
likely is guilty.
"If possible, the Baptists are more hopeless than the
Presbyterians. They, too, are apt to think that the real home of
all outsiders is Sheol and you do not want them on the jury, and the
sooner they leave the better. '
The lethodists are worth considering; they are nearer
the soil. Their religious emotions can be transmuted into love and
charity. They are not half bad, even though they will not take a
drink, they really do not need it so much as soe of their competitors
for the seat next to the throne. If chance sets you down between a
Methodist end a Baptist, you will move toward the Methodist to keep
warm.
Beware of the Lutherans, especially the Scandinavians; they
are almost always sure to convict. Either a Lutheran or Scandina-
vian is unsafe, but if both-in-one, plead your client guilty and go
down the docket. He learns about sinning and puishing from the
preacher, and dares not doubt.
"As to Unitarians, Universalists, Congregationalists, Jews
and other agnostice, don't ask them too many questions; keep them
anyhow; especially Jews and egnostics. It is best to inspect a
Unitarian, or a Universalist, or a Congregationalist, with some care,
for they nay be prohibitionists; but never the Jews and the real
agnosticsl And, do not, please, accept a prohibitionist: he is too
solemn and holy and dyspeptic.
I have never experimented much with Christian Scientists;
they are too serious for m.
"You may defy all the rest of the rules if you can get a man
who laughs. Few things in this world are of snouzh 1IP0rtance to lar-
rent considering them seriously. So, by all means, choose a man who
laughs. A Juror who laughs hates to find anyone guilty.
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- 1lemorandum for Ir. Tolson -4- June 24, 1936.
iever take a wealthy nan on a jury . . . onit take e men
because he is e good nan. This leans nothing. Ion should find out
what he is good for.
oLw state that he is nagy his __c_are_e;;_gt the bar Ins brought to a closg_g§_f§maIe jurors came _to prominence
at Ebout isltime, §nd'h§iiuspects_then¥o§ zg;1;g_g;n§;;;;@gL
I Erivilege seriouslg. futility, according to Mr. Darrow, is the one
ig Iord t stands over courts and other human activities. A crusade
might go foruard for a while but soon its participants succumb to
human trailties and the whole system is checkered by mistakes. "Many
men are in prison and some are sent to death by mistaken identifica-
tion . - . Han! are made from descriptions and photographs and urged
on by detectives, lawyers and others vitally interested in the result.
In situations of strong agitation, acguittals are rare, and sentences
made long and barbarous and inhuman."
Ir. Darrow concludes his article by stating that the social
forces must seek the causes of crime as has the medical profession,
urging that "each socalled Dillinger" be examined until"they discover
its cause and then learn how to remove the cause.
Respectfully,
92
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Honorable J . Edge: Hoover
Depnrtwent of Justice
Inahington, D. C.
Dear Ir. Hoover:
I would like to know if Ir. Clarence gar:-ow, the
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fmoue criminal lawyer of Chicago, ll dead? I111 you
please give we this information ilnediat-ely?
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iFebruary 19,
Mr. J. Edgar Hoover
U.S. Dept. of Justice Bldg.
Washington, D.O.
Dear Mr. Hooter:
I am doing research for a paper to complete my collegeEnglish Ocmpositéeg requirements. My subject is the late
attorney Glarenc arrow. kt
' Finding those who knew Hr. Darrow perso;e11y is, as J
you can imaglne, very difficult. One of my instructors ~
suggested that you might have knownhim. If this is true p
could you possibly find time to jot down your opinion or '
relate an incident concerning him? In any case do you
know of someone I might contact in hopes of gaining ad-
ditional information?
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Any help you can give rill be invaluable to 4y pro K
ject. Thanking you in advance, I am, "'_
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_ Your letter of February 19th, with enclosure has~' been received. Although 1 would like to be of service, 1 did,not know
92_92 Mr. Clarence Darrow.A
Sincerely yours,
I. Edgar H°°"°
_ John Edgar Hoover
. Director
" NOTE: Correspondent cannot be identified in Bufiles. Correspondent's
stamped, self-addressed envelope is being utilized in reply.
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England.
2-8-66.
Federal Bureau of Investigation.
201-E69, Manhattan. N. Y.
USA.
Dear Sirs, __
I am most anxious to aquire awormation
that you may have about the criminals Natha opold and
Richard Loeb. The material which 1 requ1 e is for 3. factual
book concerning the crime committed. Although Ihave read
the main outline of the crime, Ifeel that Ineed far more
details. I would appreciate any help or information which
you could forward me, and also the address of any placewhere I uid obtain photographs, of Leopold, Loeb and
Clarenc rrow.~.._.--""-_' H N "--_
Yours truli|
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- Your letter of August 2nd to our New York Office
bu been referred to my attention.
Aithongh 1 irouid like to be of ierviee, FBI
has no material for distribution relating to the case of Nathan
r about Clarence Darrow who Leopold and Richard Loeb, no
t under our jurisdiction. deiended them. This matter was no
The investigation was conducted by the Police Department of
Chicago, Illinois.
Sincerely yours,
J, Edgar Hoover
" MAILED 30 John Eds" Hoover r
- e 1 .2 1955 Director ,,;_-,.r_
92 _. co ' Enclosure
able in Bufiles at: Correspondent is not identifi Attention Legi;'L7] :
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